2019-2021

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

SENATE

 

 

 

 

 

ENSURING NORTHERN TERRITORY RIGHTS BILL 2021

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

(Circulated by authority of Senator McMahon)

 

 

ENSURING NORTHERN TERRITORY RIGHTS BILL 2021

 

OUTLINE

 

The purpose of the Ensuring Northern Territory Rights Bill 2021 is to reduce the level of Commonwealth interference with laws of the Northern Territory. In doing so, Commonwealth involvement with laws of the Northern Territory will be more aligned to the interaction of the Commonwealth with laws of Australian states. This will benefit residents of the Northern Territory who will then have legal rights equivalent to residents of Australian states.

 

By amending the Northern Territory (Self-Government) Act 1978 , this bill will remove:

·          Limitations that apply to the Northern Territory Legislative Assembly pertaining to the acquisition of property on just terms,

·          Laws that limit the ability of the Northern Territory Legislative Assembly to legislate for voluntary assisted dying if the Legislative Assembly chooses to do so, and

·          Limitations on the ability of the Northern Territory Legislative Assembly to make laws conferring powers in relation to the hearing and determining of employment disputes.  

 

NOTES ON CLAUSES

Clause 1: Short Titles

1.           This clause provides for the Act, when enacted, to be cited as the Ensuring Northern Territory Rights Act 2021 .

Clause 2: Commencement

2.           This clause provides for the commencement of the whole Act to be the day after this Act receives the Royal Assent.

 

Clause 3: Object

 

3.           This clause sets out the object of this Act.

Clause 4: Schedules

4.                   Each Act specified in a Schedule to this Act is amended or repealed as is set out in the applicable items in the Schedule.  Any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Ensuring Northern Territory rights

Part 1 - Amendments of the Northern Territory (Self-Government) Act 1978

Item 1

5.       Repeals subsection 50(1), which prevented the Northern Territory from making laws with respect to the acquisition of property otherwise than on just terms. 

Item 2

6.       Repeals Section 50A as inserted by the Euthanasia Laws Act 1997 , which prevented the Northern Territory from enacting assisted dying legislation.

7.       The repeal of the whole of section 50A includes subsection 50A(2) which clarifies the scope of the limitation on the Northern Territory Legislative Assembly’s power to make laws relating to euthanasia by confirming the power to make laws in relation to the specific areas set out in that subsection. For the avoidance of doubt, it is noted that the repeal of that subsection does not affect the power of the Legislative Assembly to make laws in relation to those specific areas.

Item 3

8.       At the end of subsection 53(4), adds the note “Sections 29 and 40 of the Fair Work Act 2009 deal with inconsistency between awards and agreements made under the Act and laws of the Territory” (which is the wording used in the Australian Capital Territory (Self-Government) Act 1988 ) . This replaces the existing note under subsection 53(6) to better reflect the existing relationship between the Commonwealth Fair Work Act 2009 and Northern Territory law.

Item 4

9.       Repeals subsections 53(5) and (6), including the note. Subsection 53(5) limited the ability of the Northern Territory Legislative Assembly to make laws conferring powers in relation to the hearing and determining of employment disputes.

10.   Subsection 53(6) is also repealed as it is connected to subsection 53(5). Subsection 53(6) clarifies that, despite subsection 53(5), the Northern Territory Legislative Assembly still has the power to make laws relating to the making of certain determinations. For the  avoidance of doubt, it is noted that the repeal of subsection 53(6) does not affect the power of the Legislative Assembly to make laws conferring powers to make determinations as mentioned in that subsection, or any such determinations made under such laws before that repeal.

Part 2 - Repeal of the Euthanasia Laws Act 1997

11.   This section repeals the whole of the Act.

Part 3 - Application - repeals relating to euthanasia laws

12.   The Rights of the Terminally Ill Act 1995 (Northern Territory) will continue to have effect as a law of the Territory in relation to any act or thing that was done before 27 March 1997, but has no force or effect as a law of the Territory in relation to any act or thing done on or after that day, despite the repeal of the Euthanasia Laws Act 1997 and section 50A of the Northern Territory (Self-Government) Act 1978 by this schedule.

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Ensuring Northern Territory Rights Bill 2021

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

Overview of the Bill

The purpose of the Ensuring Northern Territory Rights Bill 2021 is to reduce the level of Commonwealth interference with laws of the Northern Territory.

 

By doing so, Commonwealth involvement with laws of the Northern Territory will be more aligned to the interaction of the Commonwealth with laws of Australian states. This will benefit residents of the Northern Territory who will then have legal rights equivalent to residents outside of the Northern Territory (except residents residing in other Australian territories).

 

By amending the Northern Territory (Self-Government) Act 1978 , this bill will remove:

·          Limitations that apply to the Northern Territory Legislative Assembly pertaining to the acquisition of property on just terms,

·          Laws that limit the ability of the Northern Territory Legislative Assembly to legislate for voluntary assisted dying if the Legislative Assembly chooses to do so, and

·          Limitations on the ability of the Northern Territory Legislative Assembly to make laws conferring powers in relation to the hearing and determining of employment disputes.  

 

Human rights implications

This Bill does not engage any of the applicable rights or freedoms. This is because the bill is only conferring power on the Northern Territory Legislative Assembly to make its own laws with regards to the acquisition of property otherwise than on just terms, legislate for voluntary assisted dying if the Legislative Assembly chooses to do so, and make laws conferring powers to hear and determine cases of employment disputes.

It should be noted that the Parliamentary Joint Committee on Human Rights reported on 2 February that a previous bill, Restoring Territory Rights (Assisted Suicide Legislation) Bill 2015 was found not to raise human rights concerns.

Conclusion

This Bill is compatible with human rights as it does not raise any human rights issues.

 

[Senator McMahon]